Work had been put on hold owing to the area falling under the Coastal Regulation Zone
The high court said implementation of CRZ regulations could not be interpreted to mean a zone that froze every activity. Representation pic
The Bombay High Court has permitted the construction of two passenger jetties, one in Thane and another one in Palghar, the work on which had been on hold as they fell within the Coastal Regulation Zone (CRZ) area in the vicinity of protected mangroves.
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As per a 2018 HC order, there exists a “total freeze” on destruction of mangroves across the state. As per this order, a 50-metre buffer zone must be created around the area that hosts the mangroves and no construction activity or dumping of debris can be permitted within this buffer zone.
Since the order also mandates that authorities proposing any construction work within the vicinity of mangroves seek HC’s permission, the Maharashtra Maritime Board had approached HC earlier this year seeking permission to construct passenger jetties in Kelwa in Palghar, and Kharekuran in Thane.
It had also sought permission for carrying out the construction of a Ro-Ro (roll on roll off) jetty at Kharwadashri in Thane district.
In a detailed judgment passed on October 29, a division bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni permitted construction of all three jetties saying that implementation of CRZ regulations could not be interpreted to mean a zone that froze every activity.
The court took note of the affidavits filed by the Maritime Board and the Maharashtra government, which claimed that even though the proposed construction work fell within the 50 metre buffer zone, the same will not involve destruction or felling of any mangroves.
“The proposed project would be developed as an important public project involving an alternative environment friendly public transport system, which would ease traffic congestion and improve environmental pollution as also promote tourism in the nearby area,” the state government submitted.
“It is stated the site of the proposed jetty is partly falling within the 50 meter buffer zone from the non-notified mangrove area. It is also stated the construction of the proposed jetty falls within the tidal area and not within the mangrove area and, hence, does not involve cutting of mangrove,” it added.
The HC also took note of the fact that the Maritime board had secured all requisite clearances from Maharashtra Coastal Zone Management Authority and State Environment Impact Assessment Authority.
“In interpreting the 2011 CRZ Notification, it cannot be overlooked that the object of the notification is not merely protecting the environment but also, while doing so, promoting development through a sustainable manner, which is also a significant object being achieved in regulating activities in the coastal zone areas,” the HC said while granting permission for construction work for all three jetties.
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